Procuratorial Supervision Through Administrative Public Interest Litigation Path The Necessity And Feasibility Analysis Of Executive Power

Procuratorial supervision by litigation means administrative power operation,and design the corresponding administrative public interest litigation system is generally recognized by the modern country under the rule of law concept of legal system,the balance relationship of state power,supervision,and promote the government administration according to law,safeguard social public interests has obvious effect,is one of the symbols of modern country under the rule of law construction level.However,for a long time did not establish relevant system in our country,on the one hand is due to the ideology,with the traditional marxist theory of law in our country does not recognise legislative,executive,and judicial legitimacy and rationality of separation of powers and mutual supervision,believe that education is a product of the false bourgeois democracy,should not be received by the socialist democracy;On the other hand is the cause of the legislature and quite a number of scholars believe that the current our country under the rule of law is not high,especially in the government administration according to law,the problems of blind to simulate to establish administrative public interest litigation system,may lead to rampant litigation situation,make the administrative organs of the public power's credibility by the public widely questioned,not only conducive to maintaining stable social order,even may affect the government actively as determination and the will and under the rule of law transformation,the social and public interests do more harm than good.This article from the administrative public interest litigation,public interest litigation and the analysis of the concept of public interest,such as definition of the administrative public interest litigation system dependence of the litigation trust theory and the theory of checks and balances to supervise the interpretation,and lists the constitution from solid proof research Angle and the special authorization of the National People's Congress regulations established by the system on the legal source of legitimacy.Based on the current problems in the operation of the administrative power in our country,the existing means of judicial supervision and lack of power,procuratorial organs to launch the advantage of the administrative public interest litigation and other main body is not suitable for current problems such as administrative public interest litigation sponsors,analyzes the design of the administrative public welfare lawsuit brought by the procuratorates supervise administrative organs necessity and rationality of administrative power operation.Promulgated by the supreme people's procuratorate "pilot program" analysis,combined with criminal prosecution,civil public prosecution,mutatis mutandis,both experience and to the principles of administrative public interest litigation system and the specific procedures for the design,at the same time,comparison research method of law,has carried on the deeper thinking to some system,puts forward some opinions.In judicial practice at present,the analysis of the problems,puts forward the actual operation of the administrative public interest litigation need to be addressed some of the problems and countermeasures,so as to provide reference for future legislation.